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Showing 16 to 30 of 33 results Save | Export
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Roberts, Nathan M.; Fossey, Richard – Journal of Law & Education, 2002
Discusses several state and federal court cases testing the limits of school district efforts to expand the scope of random student drug-testing since the Supreme Court's 1995 decision in "Vernonia School District 47J v. Action," wherein the Court approved random drug-testing of student athletes in public high schools. (Contains 113…
Descriptors: Athletics, Board of Education Policy, Court Litigation, Drug Use Testing
Minnesota House of Representatives, St. Paul. Research Dept. – 1989
This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…
Descriptors: Constitutional Law, Court Litigation, Drug Use Testing, Educational Legislation
Peer reviewed Peer reviewed
Hutton, Chris – Journal of Law and Education, 1992
Discusses the decision to implement a drug and alcohol testing program, analyzing how such programs fit within the traditional functions of criminal and administrative law, pinpoints some messages conveyed by testing programs, and discusses factual premises that should underlay such programs. Reviews recent U.S. Supreme Court rulings and gauges…
Descriptors: Administrator Responsibility, Court Litigation, Criminal Law, Drug Use Testing
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a case involving questionable canine search-and-seizure practices, a circuit court upheld a school board's decision to terminate a teacher's contract. While touting zero tolerance, the board fired an honored teacher 3 years from retirement who may not have known about the marijuana cigarette in her car. (MLH)
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Marijuana
Mawdsley, Ralph D.; Russo, Charles J. – School Business Affairs, 2001
Reviews recent federal appellate court cases dealing with legal issues involving random drug testing of students participating in extracurricular activities. Draws implications for school business officials and other educators. (PKP)
Descriptors: Board of Education Policy, Constitutional Law, Court Litigation, Drug Use Testing
Edwards, Floyd H. – 1989
In 1988, the Tennessee Legislature passed permissive legislation (TCA 49-940) that allows school officials to test suspected students for using drugs. The law provides that testing is optional, with each local education agency deciding whether or not to adopt the policy. Twelve school systems chose to adopt the legislation as board policy. This…
Descriptors: Drug Use Testing, Due Process, Educational Legislation, Elementary Secondary Education
Peer reviewed Peer reviewed
Raimo, Angela M. – Journal of Alcohol and Drug Education, 1991
Focuses on the recent application and interpretation of the Fourth Amendment to school children. Discusses the amendment in regard to the relationship between school authorities and children, students' legitimate expectation of privacy, reasonableness in justification of a search, issues of mass mandatory screening, and requirements of due process…
Descriptors: Civil Liberties, Court Litigation, Drug Use Testing, Due Process
Peer reviewed Peer reviewed
Deivert, Richard G. – Journal of Alcohol and Drug Education, 1991
Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…
Descriptors: Athletes, Civil Liberties, Drug Use Testing, Due Process
Kadel, Stephanie; And Others – 1995
This publication is a revision and restructuring of "Reducing School Violence," published in 1993. This revised edition benefits from the assistance of many of the original reviewers, as well as additional experts and practitioners. The key to school safety is a comprehensive approach. This guidebook was designed to help teachers, school…
Descriptors: Conflict Resolution, Crime Prevention, Drug Use Testing, Elementary Secondary Education
Edmonson, Stacey L. – 2002
This report--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- discusses student drug testing in Texas public schools. It contains the results of a 2001 study of student drug-testing policies in all 1,056 Texas public-school districts. In response to the Supreme Court's June…
Descriptors: Civil Rights, Court Litigation, Discipline Policy, Drug Use Testing
Beyer, Dorianne – 1997
This digest presents a brief review of recent Fourth Amendment decisions that affect the rights of students and the parameters of schools' authority to maintain a crime-free environment. Although Federal decisions apply nationwide and do mark the boundaries of permissible state and local action, state and local laws and regulations must always be…
Descriptors: Civil Rights, Court Litigation, Crime, Discipline Policy
Rossow, Lawrence F.; Stefkovich, Jacqueline – West's Education Law Quarterly, 1996
In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student athletes. The Supreme Court reasoned that student athletes have a low expectation of privacy; the scope of the search was relatively unobtrusive; and the program served an important government…
Descriptors: Athletes, Board of Education Policy, Court Litigation, Discipline
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…
Descriptors: Board of Education Policy, Court Litigation, Drug Use Testing, Elementary Secondary Education
Rossow, Lawrence F.; Hininger, Janice A. – 1991
Many of the court decisions in the 1960s and 1970s regarding student civil rights were decided in favor of students. By the 1980s the courts began to give administrators more authority. This change of judicial thinking means that school authorities must be reschooled concerning the rights of students. This booklet should help administrators…
Descriptors: Civil Law, Civil Rights, Court Litigation, Discipline
Rossow, Lawrence F.; Stefkovich, Jacqueline A. – 1995
Search and seizure in the public schools has long been a problem for both school authorities and law-enforcement officers. Students have also been known to have been deprived of their constitutional rights. Much of the problem stems from a lack of clarity in the application of the Fourth Amendment to the school setting. This monograph was written…
Descriptors: Civil Rights, Compliance (Legal), Constitutional Law, Court Litigation
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